DELAHEY & GARRA-MARSH

In the matter of Delahey & Garra-Marsh, Judge Scarlett considered applications to set aside a binding financial agreement and a binding child support agreement. The proceedings also involved objections to the admissibility of numerous affidavits filed by the applicant, on grounds including prolixity, irrelevance, scandalous content, and being argumentative.

The court was required to determine the admissibility of various affidavits and specific paragraphs within them, as well as a financial statement. The core legal issues revolved around whether the content of these evidentiary materials met the standards for admissibility in family law proceedings, particularly concerning the grounds for striking out or deeming evidence inadmissible due to its prolix, scandalous, or argumentative nature.

The court applied principles relating to the admissibility of evidence and the grounds for striking out affidavits. It found that many of the applicant's affidavits and specific paragraphs were prolix, embarrassing, scandalous, or otherwise inadmissible. Consequently, the court made extensive orders striking out or deeming inadmissible large portions of the applicant's evidence, including multiple affidavits and a financial statement, while permitting limited exceptions for specific paragraphs deemed relevant and admissible.